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Iowa - College Expenses

Started by Deep_Irish, Aug 13, 2004, 01:37:10 PM

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Deep_Irish

Does anyone have any experience or knowledge trying to figure out if you are required to pay for college expenses?  I have three step daughters..first one is ready for college in september.  she's a d-f student.  her mom wants us to pay for college and taking us back to court.  i'm wondering how to prepare because right now there isn't enough money with paying for child support, medical, dental, "other" out of pocket expenses for three.  Help.  Thanks for any help.

Kitty C.

First question is.....hoe is she even getting in with those grades????

Here's what the Iowa Code says:

5A.  The court may order a postsecondary education subsidy if good cause is shown.

a.  In determining whether good cause exists for ordering a postsecondary education subsidy, the court shall consider the age of the child, the ability of the child relative to postsecondary education, the child's financial resources, whether the child is self-sustaining, and the financial condition of each parent. If the court determines that good cause is shown for ordering a postsecondary education subsidy, the court shall determine the amount of subsidy as follows:

(1)  The court shall determine the cost of postsecondary education based upon the cost of attending an in-state public institution for a course of instruction leading to an undergraduate degree and shall include the reasonable costs for only necessary postsecondary education expenses.

(2)  The court shall then determine the amount, if any, which the child may reasonably be expected to contribute, considering the child's financial resources, including but not limited to the availability of financial aid whether in the form of scholarships, grants, or student loans, and the ability of the child to earn income while attending school.

(3)  The child's expected contribution shall be deducted from the cost of postsecondary education and the court shall apportion responsibility for the remaining cost of postsecondary education to each parent. The amount paid by each parent shall not exceed thirty-three and one-third percent of the total cost of postsecondary education.

b.  A postsecondary education subsidy shall be payable to the child, to the educational institution, or to both, but shall not be payable to the custodial parent.

c.  A postsecondary education subsidy shall not be awarded if the child has repudiated the parent by publicly disowning the parent, refusing to acknowledge the parent, or by acting in a similar manner.

d.  The child shall forward, to each parent, reports of grades awarded at the completion of each academic session, within ten days of receipt of the reports. Unless otherwise specified by the parties, a postsecondary education subsidy awarded by the court shall be terminated upon the child's completion of the first calendar year of course instruction if the child fails to maintain a cumulative grade point average in the median range or above during that first calendar year.

e.  A support order, decree, or judgment entered or pending before July 1, 1997, that provides for support of a child for college, university, or community college expenses may be modified in accordance with this subsection.

~~~~~~~~~

Read b, c, and d VERY closely.  It means that if the child fails to meet the median GPA, the expenses ordered by the court can be terminated.

But FIRST, you need to get past a, which means you need to prove to the court that the child doesn't meet their standard of good cause, mainly 'the ability of the child relative to postsecondary education', which, by your description, she fails to meet.

Get copies of her HS transcripts and any info you might have on any colleges she may have applied to.  If she's even applied.  Cuz if she's ready for college which starts in just two weeks, something sounds mighty fishy.  Like either she's been enrolled and the BM is just now breaking the news to you this way cuz she can't pay the initial expenses to get her started......or they're trying to blow smoke up your backside.

Just out of curiosity, has there even been any mention of what school she plans to go to and what might that be?  I'm a Hawkeye, literally, and know a little about what it costs in this state for the public and private and the comm. colleges.

My gut says there's a fox in the henhouse somewhere.........
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Deep_Irish

Okay...she's going to kirkwood and getting an apartment.  I have all the grades..they are horrible.  the mediation process says we have to pay.  we are now taking it to court.

What exactly are necessary postsecondary education expenses.
Right now we are being told we have to pay almost 12,000 in two years.  costs include apartment, all expenses, food, car, gas, etc etc.  I don't want to sound like a horrible parent but how can i protect myself with paying child support for my other two girls and then i have my oldest who does not have the grades to go to school almost forcing my hand.  

if you want, i can email more details...let me know...thanks for your help

Kitty C.

*chuckle*  Right up the road, hmmmmmmmmm...............

Even that school has admission standards to go by.  Feel free to e-mail me............but I won't be able to get back to you until Monday.

BTW, are you in the area?
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......